DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
The Applicant’s amendment and arguments, filed 06/04/2026, has been entered. Claim 11 is amended; claims 14-15 stand as originally or previously presented; claims 12-13 are canceled; claim 16 is new; and claims 1-10 are withdrawn. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 03/04/2026 has been withdrawn. Amended and new grounds of rejections under 35 U.S.C. 103 citing to newly cited art are set forth below as necessitated by the claim amendments.
Claim Objections
Claim 16 is objected to because of the following informalities:
“wherein the first carbon coating layer on the carbonaceous core” in line 6 should be replaced with –wherein the first carbon coating layer is on the carbonaceous core--.
“wherein the second carbon coating layer on the first carbon coating layer” in line 7 should be replaced with –wherein the second carbon coating layer is on the first carbon coating layer--.
“wherein coating layer” in line 12 should be replaced with –wherein the carbon coating layer--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al. (US 20050158550 A1, hereinafter Ohta), in view of Kim et al. (US 20170170465 A1, hereinafter Kim), filed in IDS dated 04/13/2022.
Regarding Claim 11, Ohta discloses the limitations regarding a negative electrode active material (Ohta, anode material, [0006]) comprising a carbonaceous core (Ohta, graphite powder, serving as a core, [0006]), a first carbon coating layer on the carbonaceous core (Ohta, coating the graphite powder with carbonized material, [0006]), and wherein the negative electrode active material has a total pore volume of 0.0039 cm3/g to 0.0089 cm3/g (Ohta, Example 6 has a mesopore volume of 0.0055 cc/g, [0042], Figure 1; the disclosed mesopore volume of 0.0055 cc/g falls within the claimed range of 0.0039 cm3/g to 0.0089 cm3/g), wherein
the carbonaceous core comprises secondary particles formed by aggregated flaky natural graphite (Ohta, the graphite powder is natural graphite having a scale-like form, which can be ensphered using a particle compound system, [0027]; the Examiner notes that scale-like form corresponds to the claimed “flaky” and ensphered corresponds to the claimed “aggregated”), and
wherein the carbonaceous core has an average particle diameter (D50) of 7 µm to 25 µm (Ohta, Example 6 has a natural graphite powder having an average particle size of 19 µm, [0042]; the disclosed average particle size of 19 µm falls within the claimed range of 7 µm to 25 µm), and wherein
the negative electrode active material has a BET specific surface area of 0.5 m2/g to 2.0 m2/g (Ohta, Example 6 has a BET specific surface area of 1.6 m2/g, [0042], Figure 1).
Ohta is silent regarding a second carbon coating layer on the first carbon coating layer.
Kim discloses a negative electrode active material (Kim, negative electrode active material, [0031]) comprising a carbonaceous core (Kim, graphite core, [0032]), and
a first carbon coating layer on the carbonaceous core (Kim, a first coating layer including an amorphous carbon material formed on the graphite core, [0032]), and
a second carbon coating layer on the first carbon coating layer (Kim, a second coating layer including nitrogen-doped fine carbon particles formed on the first coating layer, wherein the first coating layer and the second coating layer bind to each other by electrostatic attraction, [0032]).
Kim teaches that a negative electrode active material having a double coating layer of a first coating layer and a second coating layer capable of enhancing electric conductivity while suppressing a side reaction between graphite and an electrolyte liquid by preventing an exposure of an edge plane of the graphite (Kim, [0031]).
Ohta and Kim are analogous to the current invention as they are all directed towards a negative electrode active material having a carbonaceous core-shell structure.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the negative electrode active material of Ohta to have a second coating layer including nitrogen-doped fine carbon particles formed on the first coating layer, wherein the first coating layer and the second coating layer bind to each other by electrostatic attraction, as taught by Kim, in order to enhance electric conductivity while suppressing a side reaction between graphite and an electrolyte liquid by preventing an exposure of an edge plane of the graphite.
Regarding Claim 14, modified Ohta discloses all of the claim limitations as set forth above. Modified Ohta discloses the limitations regarding a negative electrode comprising the negative electrode active material (Ohta, slurries from the coated graphite powder were coated on a copper foil and rolled to obtain the anode, [0037]).
Regarding Claim 15, modified Ohta discloses all of the claim limitations as set forth above. Modified Ohta discloses the limitations regarding a secondary battery comprising the negative electrode (Ohta, the anode was used to produce a triode cell, [0037]).
Claims 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al. (US 20050158550 A1, hereinafter Ohta), in view of Cheng et al. (US 20170133680 A1, hereinafter Cheng).
Regarding Claim 16, Ohta discloses the limitations regarding a negative electrode active material (Ohta, anode material, [0006]) comprising a carbonaceous core (Ohta, graphite powder, serving as a core, [0006]);
a carbon coating layer, wherein the carbon coating layer comprises a first carbon coating layer (Ohta, coating the graphite powder with carbonized material, [0006])
wherein the first carbon coating layer on the carbonaceous core (Ohta, coating the graphite powder with carbonized material, [0006]),
wherein the negative electrode active material has a total pore volume of 0.000 cm3/g to 0.010 cm3/g (Ohta, Example 6 has a mesopore volume of 0.0055 cc/g, [0042], Figure 1; the disclosed mesopore volume of 0.0055 cc/g falls within the claimed range of 0.003 cm3/g to 0.010 cm3/g), wherein
the carbonaceous core comprises secondary particles formed by aggregated flaky natural graphite (Ohta, the graphite powder is natural graphite having a scale-like form, which can be ensphered using a particle compound system, [0027]; the Examiner notes that scale-like form corresponds to the claimed “flaky” and ensphered corresponds to the claimed “aggregated”), and
wherein coating layer consists of amorphous carbon (Ohta, the coated graphite powder is coated with carbonized material of thermoplastic resin, Abstract; the Examiner notes that carbonized material of thermoplastic resin corresponds to the claimed amorphous carbon).
Ohta is silent regarding a second carbon coating layer coating layer, wherein the second carbon coating layer coating layer on the first carbon coating layer.
Cheng discloses a negative electrode active material (Cheng, negative electrode carbon material, Claim 9) comprising a carbonaceous core (Cheng, graphite particle, Claim 9), comprising a first carbon coating layer on the carbonaceous core (Cheng, a first amorphous carbon film coated on a surface thereof, Claim 9),
and a second carbon coating layer coating layer on the first carbon coating layer (Cheng, a second amorphous carbon film coating a surface thereof, Claim 14).
Cheng teaches that by coating graphite with amorphous carbon and then subjecting the graphite to the first and second heat treatments, the capacity can be improved nearly to the theoretical capacity of the graphite (Cheng, [0009]).
Ohta and Cheng are analogous to the current invention as they are all directed towards a negative electrode active material having a carbonaceous core-shell structure.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the negative electrode active material of Ohta to have a second amorphous carbon film coating, as taught by Cheng, in order to improve the capacity of the battery.
Modified Ohta discloses the limitation regarding the carbon coating layer consists of amorphous carbon (Ohta, the coated graphite powder is coated with carbonized material of thermoplastic resin, Abstract; the Examiner notes that carbonized material of thermoplastic resin corresponds to the claimed amorphous carbon) (Cheng, a second amorphous carbon film coating a surface thereof, Claim 14).
Response to Arguments
Applicant’s arguments, see Remarks, filed 06/04/2026, with respect to the rejection(s) of claim(s) 11-15 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ohta et al. (US 20050158550 A1, hereinafter Ohta), in view of Kim et al. (US 20170170465 A1, hereinafter Kim), as noted above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 ET.
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/K.N./Examiner, Art Unit 1752
/OSEI K AMPONSAH/Primary Examiner, Art Unit 1752
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